CHAPTER 12-60.1 SEALING CRIMINAL RECORDS 12-60.1-01. Definitions

As used in this chapter: 1

"Court record" includes: a

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Any document or information collected, received, or maintained by court personnel in connection with a judicial proceeding; Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by court personnel relating to a judicial proceeding; and Information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case

"Criminal record" means court and prosecution records subject to sealing under this chapter. A criminal record does not include criminal history record information as defined in subsection 5 of section 12-60-16.1 or criminal justice data information maintained in the criminal justice data information sharing system under section 54-12-34

"Employee" has the same meaning as in section 14-02.4-02

"Employer" has the same meaning as in section 14-02.4-02

"Prosecutor" means the office or agency with jurisdiction over the offense for purposes of postconviction proceedings

"Seal" means to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order

12-60.1-02. Grounds to file petition to seal criminal record

An individual may file a petition to seal a criminal record if: 1

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The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation; or The individual pled guilty to or was found guilty of a felony offense and the individual has not been charged with a new crime for at least five years from the date of release from incarceration, parole, or probation

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This chapter does not apply to: a

A felony offense involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision a of subsection 1 of section 62.1-02-01; or An offense for which an offender has been ordered to register under section 12.1-32-15

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12-60.1-03. Petition to seal criminal record

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A petition to seal a criminal record must be filed in the existing criminal case for the offense

Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a

The petitioner's full name and all other legal names or aliases the petitioner has used at any time; The petitioner's addresses from the date of the offense until the date of the petition; c. Reasons why the petition should be granted; d

The petitioner's criminal history in this state and any other state, federal court, and foreign country, including: (1) All prior and pending criminal charges; b

Page No. 1 (2) All prior and pending charges for which an imposition of sentence has been deferred or stayed, or which have been continued for dismissal; and (3) All prior requests by the petitioner with authorities in this state or another state or federal forum for pardon, return of arrest records, expungement, or sealing of a criminal record, whether granted or not

The petitioner shall file a proposed order when filing a petition to seal a criminal record

A petition filed under this section must be served upon the prosecuting official as provided by rule 49 of the North Dakota Rules of Criminal Procedure

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12-60.1-04. Hearing on petition

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The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence: a

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The petitioner has shown good cause for granting the petition; The benefit to the petitioner outweighs the presumption of openness of the criminal record; The petitioner has completed all terms of imprisonment and probation for the offense; The petitioner has paid all restitution ordered by the court for commission of the offense; The petitioner has demonstrated reformation warranting relief; and The petition complies with the requirements of this chapter

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In determining whether to grant a petition, the court shall consider: a

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The nature and severity of the underlying crime that would be sealed; The risk the petitioner poses to society; The length of time since the petitioner committed the offense; The petitioner's rehabilitation since the offense; Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04; The petitioner's criminal record, employment history, and community involvement; The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and The recommendations of victims of the offense

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A hearing on the petition may not be held earlier than forty-five days following the filing of the petition

To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense

This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section

An individual may not appeal a denial of a petition from a district judge or magistrate

An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may not be appealed

Except as provided in this section, if a petition is denied an individual may not file a subsequent petition to seal a criminal record for at least three years following the denial

If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1, and shall release the information when an entity has a statutory obligation to conduct a criminal history background check

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